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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-06-02 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD June 2, 2008 Meeting was called to order at 8:00 p.m. Present: Thomas Robinson, Don Knapp, James McCann, Joe Laura, and Laura Toy. Absent: Brian Meakin and Terry Godfroid-Marecki. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Jim Zoumbaris, City Engineer (Operations); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; Judge Kathleen McCann, 16th District Court; Dennis Epler, 16th District Court Administrator and Magistrate; and Maureen Cosgrove, Assistant City Clerk. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. BLOCK PARTY: Martha Scheuher, re: to be held Saturday, August 2, 20087 from 9:00 a.m. to 10:00 p.m. on Westmore, between Roycroft and Rayburn, with a rain date requested of Sunday, August 3, 2008. Jeff Scheuher, 15618 Westmore, was present on behalf of his wife Martha to request their second annual block party on August 2, 2008, with a rain date of August 3, 2008. Knapp offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Suzanne Shingler, re: to be held Saturday, June 21, 20087 from 3:30 p.m. to 10:00 p.m. on Grandon, between Harrison and Brentwood, with a rain date requested of Sunday, June 22, 2008. John Smith, 9249 Harrison Street, requested a block party on behalf of Suzanne Shingler. They are hosting their 21St annual block party. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Judy Buzette, re: to be held Friday, July 4, 2008, from 12:00 p.m. to 10:00 p.m. on Oxbow, between Orangelawn and Elmira, with no rain date requested. Judy Buzette, 11077 Oxbow, was present to request their 10th annual block party. 2 Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Marilyn Quandahl, Timothy Lutheran Church, re: to advertise an annual Rummage Sale they will be holding on Friday and Saturday, July 11 and 12, 2008. Dennis Behrendsen, 20012 Wayne, was present to request advertising signs for about six days prior to the Rummage Sale on prominent corners near the church on Wayne Road at Joy Road. They would like signs similar to the typical political campaign signs. Knapp offered the approving resolution for the Consent Agenda with the typical 18" x 24" signs. DIRECTION: APPROVING CONSENT 5. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Annette DePetris in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Annette DePetris, 2345 Pinecrest, Ferndale, MI 48220, will be working with Dr. Harsha Jayatilake at 37663 Pembroke Avenue as a Massage and Craniosacral Therapist. McCann stated that Annette has completed 625 hours of training through Irene's Myomassology Institute, and the information from the Police Department is complete. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. PROPOSED AMENDMENT TO TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: re: per the request of Robert Waite, President, ABC Cab, 12853 Levan, Livonia, MI 48150, so as to increase taxi meter rates. Charles Waite with ABC Cab, 12853 Levan, stated he was present to request an increase in the taxi rates mainly because of the gasoline price increases. He stated that a number of cab companies in other cities in the U.S. have surcharges which is a percentage of the total fare and is not determined until the trip is over. This is more complicated than the setup they have. Once a year, ABC is inspected and sealed, not only the meters but also the cars. 3 Sean Kavanagh stated he thought there may be two (2) licensed cab companies in the City. Sean will check which cab companies they are and what their rates are. If there is only one (1), the company can unilaterally raise their rates. The ordinance applies to all cab companies in the City, and it is set up so they do not have to come back every time the gas prices change. It is on a sliding scale based on the price of gas. The ordinance is set up for a maximum fee rate that would apply to any operating cab companies within the City limits. Rates are monitored by the Police Department on a frequent basis. Last time they amended the ordinance, they had to go back twice as there was some confusion by the correspondence received from the cab company. The scale in the present ordinance is complicated, and it does not apply to any particular cab company but applies to a licensee for service rendered by a taxicab company. The scale submitted tonight is in addition to the scale that is already in the ordinance. He would like to get a report back to Council before the next Regular Meeting Laura offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 7. PROPOSED LOT SPLIT: Department of Assessment, re: requested by Terry Smith Lloyd for Tax Item No. 46-007-99-0003-000, located on the east side of Merriman Road, north of Seven Mile Road at 19790 Merriman. Joe Lloyd, Attorney, 201 E. Washington, Ann Arbor, MI 48104, was present to request the proposed lot split that runs from Merriman to Merriman Court. Under the split, they are proposing one (1) lot on Merriman Court and one (1) on Merriman. The lots are virtually the same size as most of the lots to the south. Because they are in an RUF zoning district, neither lot is the '/2 acre lot that is required. There are not many '/2 acre lots on Merriman. The vacant lot has been for sale, and if the lot is split in two, there will be a better chance to sell. Mark Taormina, City Planner, stated that as it exists today, the property is about 34,000 square feet and can be split in two (2) parts. The proposed site that contains the existing house and garage is slightly smaller than the proposed building site. The house fronts on Merriman Road while the proposed building site fronts on Merriman Court. The house would be deficient by about 3,200 square feet while the vacant lot would be deficient by approximately 6,200 square feet. As Mr. Lloyd indicated, this is a split that is consistent with the pattern of development in the neighborhood. All sixteen (16) lots originally created along the east side of Merriman Road with double frontage on Merriman Court have all been split in a similar fashion. The easterly parcel has a total area of 18,520 square feet, and the westerly parcel has a total of 15,576 square feet. It complies with the ordinance with one exception. The house is deficient on the south side. The house built on the vacant lot can be done without any variances. The average width of this lot is 96 feet and appears to be consistent with the lots on the south except for one (1) larger parcel. 4 Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REAPPOINTMENT OF GERALD TAYLOR TO THE ECONOMIC DEVELOPMENT CORPORATION: Office of the Mayor, re: for a six-year term, which will expire on June 7, 2014. Mayor Jack Kirksey recognized Gerald Taylor for his experience and dedication to the City through a number of different capacities over the years. With great pride the Mayor offered the reappointment of Gerald Taylor to another term on the Board of Directors for the Economic Development Corporation. He has been with the EDC for about (nineteen) 19 years. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. APPOINTMENT OF LYNDA SCHEEL TO THE CITY PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which will expire on June 9, 2011. Mayor Jack Kirksey presented the nomination to Lynda Scheel who has been very much involved in meaningful ways in the community, and presently is the President of the Board of Education. She not only gives of herself on a continuing basis, but has a family that is involved in the same way. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. AWARD OF BID: Livonia Housing Commission, re: for replacement of 229 30" electric ranges for the Silver Village (109) and Newburgh Village (120) housing communities. Brandi Isaacson was present on behalf of Jim Inglis and the Housing Commission to request replacement of 229 electric ranges for Newburgh Village and Silver Village housing communities. The current ranges are fifteen (15) to seventeen (17) years old. The low bidder is General Electric in the amount of $75,941.00 ($331.62 each range) and would be funded from the budgeted accounts of both housing villages. Ranges will be bisque for Silver Village, and white for Newburgh Village. They estimate the life expectancy on the new ranges to be fifteen (15) years. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5 11. HOLD HARMLESS CONTRACT BETWEEN THE CITY OF LIVONIA AND FIRST STEP: Livonia Housing Commission, re: in connection with the operation of a domestic violence victim assistance program with funding provided through a portion of the Community Development Block Grant (CDBG) program for the 2008-2009 program year. (CR 179-08) Cindy LaFond, representing Jim Inglis of the Housing Commission, stated that at the Regular Council Meeting of April 30th, Council Resolution 179-08 was adopted approving the CDBG action plan and budget for 2008-2009. They are requesting approval from the Mayor and City Clerk to sign Hold Harmless Contracts in conjunction with the action plan and budget. All contracts in the next three (3) items have been approved by the Law Department. They would like Council to approve the Hold Harmless Contract with First Step to provide domestic violence assistance to Livonia residents through the Block Grant. A Hold Harmless Contract holds the City harmless if First Step fails to meet the terms of its contract with the City. This contract is done every year. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. HOLD HARMLESS CONTRACT BETWEEN THE CITY OF LIVONIA AND THE FAIR HOUSING CENTER OF METROPOLITAN DETROIT: Livonia Housing Commission, re: in connection with funding provided through a portion of the Community Development Block Grant (CDBG) Program for the 2008-2009 program year for the purpose of providing fair housing services. (CR 179-08) Cindy LaFond stated they would like approval for the signing of the Hold Harmless Contract with the Fair Housing Center of Metropolitan Detroit. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. HOLD HARMLESS CONTRACT BETWEEN THE CITY OF LIVONIA AND MENTAL HEALTH PROVIDERS: JOHN FARRAR, ED.D. LPC; JACQUE MARTIN-DOWNS MA/MSW; MADONNA UNIVERSITY; EASTWOOD CLINICS; STARFISH FAMILY SERVICES; QUALITY CARE COUNSELING; GERIATRIC CASE MANAGEMENT; JOANNE TURSHNUIK MSW/ACSW; HEGIRA PROGRAMS; ROBERT J. ROWE, PH.D., P.C.: Livonia Housing Commission, re: in connection with funding provided through the Mental Health Counseling Program portion of the Community Development Block Grant (CDBG) Program for the 2008-2009 program year. (CR 179-08) Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6 14. AWARD OF BID: Public Service Division, re: to purchase two (2) single-axle dump trucks from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that bids were sent out for two (2) single-axle dump trucks for their department to do the snow plowing. There is no trade-in on this truck. There would be an increase in the fleet from 14 to 17 to bring more people involved in the plowing of snow, and they are cutting back on outside contracting. There were three (3) bids received. The second low bid offered a discount. They are recommending Motor City Trucks as low bidder for a total amount of$242,750.00. The life of these types of trucks is typically twelve (12) years old. We have purchased trucks from Motor City Trucks in the past. These are Ford trucks. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. AWARD OF BID: Public Service Division, re: to purchase one (1) tandem-axle dump truck from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated they went out for bids. There were three (3) bidders, and they are recommending low bidder Motor City Trucks to be awarded the bid for one (1) tandem-axle dump truck for a total of $153,900.00 with no trade-in. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Pavement Crack and Joint Sealing Program — Contract 08-D. Kevin Roney, City Engineer (Utilities & Engineering), stated this is maintenance work that is done every year. Four (4) sets of documents were picked up, and three (3) bids were received. The low bid for the entire program is from Michigan Joint Sealing of Farmington Hills who has done work for the City before. They are requesting award of a contract in the amount of $113,030.00 from budgeted funds. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 17. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Lane Line Marking Program — Contract 08-H. 7 Kevin Roney, City Engineer (Utilities & Engineering), stated this is for lane painting, turn arrows at intersections, and crosswalk bars. Again, the work was advertised. Only one (1) bid was received due to the fact that there are only two (2) companies in southeast Michigan engaged in this work. They are recommending award of the contract to low bidder R. S. Contracting, Inc. for a total of$130,648.15. The City has done business with this contractor in the past, and they are quite capable of performing the work. He compared R. S. Contracting, Inc. prices with the State bids, and R. S. was lower and in line with what they were paying last year. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 18. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Sidewalk and Pavement Replacement Program —Water Main Breaks — Contract 08-F. Kevin Roney, City Engineer (Utilities & Engineering), stated this is the concrete work necessitated just by the water main breaks and is part of the normal sidewalk paving program. Nine (9) sets of bidding documents were picked up, and five (5) bids were received. They have not worked with the low bidder before. They are recommending the award of the bid to Passalacqua Construction, Inc. of Carleton, MI for a total of $54,332.25 from budgeted funds. Mr. Roney contacted all four (4) references that Passalacqua gave them, and they spoke very highly of this company, and they are bonded. The reason they separate the sidewalk paving programs is that they are two (2) separate types of work, and this item is Water & Sewer funding. There are also two (2) different timeframes. The low bidder is bondable, and the City requires a performance bond before they start the work, so if the company defaults, they can collect from the company. Robinson stated that there is quite a difference between the low bidder and the second bidder, and Roney said he is quite comfortable with this. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST TO AMEND COUNCIL RESOLUTION 74-08: Glenn Shaw Jr., Glenn Shaw Jr. and Associates, re: in connection with Petition 2007-06-02-22 submitted by Shaw Energy, L.L.C. to add a drive-thru coffee shop (Bear Claw Coffee) to an existing gasoline service station located on the south side of Five Mile Road, between Levan Road and Golfview Drive (36375 Five Mile Road), in the Northeast '/4 of Section 20, which previously received approval by the City Council on February 27, 2008, excluding the drive-thru window. 8 Glen Shaw, 38110 Executive Drive, Suite #100, Westland, MI 48185, stated they made some other changes that are more desirable. They are looking for all approaches to try to make this business successful. The Council has brought up a lot of good ideas and recommendations for them. They have implemented some of those ideas from the last meeting. They started the process last August, 2007, and they had financing approved at that time contingent on the drive- through window. It is a unique concept that they would feel comfortable financing. During the process, the company that was interested in doing the work chose not to do business in Michigan at this time. Financing has just become available again, and it is still contingent on the drive-through because they feel that will help it become a profitable place and justify the financing. The opportunity is here now, and that is why they are asking for reconsideration. Mark Taormina, City Planner, stated there are only two (2) revisions. The current plan is to remove the brick on the exterior of the building and replace the lower half with a cultured stone material. Secondly, there was an addition off the rear of the building originally which would have been a separate storage building, but now it would be connected as one single building. Those are the only changes that Mr. Taormina is aware of. Mr. Shaw agreed. Knapp offered a resolution amending CR 74-08 to reflect the changes to the site plan by the petitioner for the Regular Agenda. Robinson offered a rescinding resolution on the waiver use denial for the Regular Agenda. Robinson offered an approving resolution on the waiver use for the Regular Agenda. DIRECTION: (1) AMENDING CR 74-08 - CHANGES REGULAR TO THE SITE PLAN (2) RESCINDING WAIVER USE DENIAL (3) APPROVING WAIVER USE 20. WAIVER PETITION: Planning Commission, re: Petition 2008-03-02-11 submitted by T-Mobile Central, L.L.C. requesting approval to construct an 85 foot flagpole-type wireless communication facility on property located on the north side of West Chicago Avenue, between Middlebelt Road and Harrison Road (29100 West Chicago Avenue), in the Northwest '/4 of Section 36. Mark Taormina, City Planner, stated that T-Mobile is requesting approval to construct a wireless communication facility within the Emerson Middle School site on the north side of West Chicago east of Middlebelt Road. The site is about nineteen (19) acres and zoned PL (Public Lands). The petition would locate a communications structure behind the school next to the track and field facility. The existing building is to the south and adjacent to West Chicago. The track and field facility is on the northeast corner of the site. 9 It is indicated that the structure would be 85 feet in height, and the ordinance allows for a maximum of 150 feet. This would be a self-mounted type of flagpole. The cables would be inside the pole and would not be visible. T-Mobile proposes to install an antenna that would be eighty (80) feet in height, and the structure would be large enough to accommodate two (2) additional future wireless communication collocaters at the heights of 60 feet and 70 feet. There is a 40' x 40' lease area. The flagpole would be located in the center. There will be enough room in the lease area to accommodate T-Mobile's equipment and two (2) future providers. There would be an eight (8) foot high chain link fence installed around the lease area with twelve (12) foot double-swing gates to access maintenance. Access to the area would be from the main parking lot and across the sidewalk that runs adjacent to the track and field facility. The setbacks of the structure would be in full compliance with the ordinance requiring at least 300 feet from any adjacent residence. The closest homes are located on Garden which is east of the school site approximately 380 feet away, and residences north on Orangelawn are 600 feet away. The flagpole is no closer than 85 feet from the road right-of-way and no less than '/2 mile (2,640 feet) from any existing antenna support structures. Denise Thompson, representing T-Mobile, was present and stated that they feel this is an ideal place for a cell phone tower and will be inconspicuous and blend in perfectly with the school. It will have a flag that the school can raise and lower and can be lit at night which is up to the school. There will be a switch at the base. There is a possibility that the light can be automatically turned on when it gets dark. They did not want it lit all the time because of the residents in the area that backed up to the facility. They have complied with the zoning ordinance and the setbacks required. T-Mobile will have a personal tax number and will also benefit the school. Cell phones are used much more than they did in the past. They are requesting approval. Laura offered the approving resolution for the Consent Agenda and for a timer to be placed on the flagpole for lighting that can be activated at dusk. DIRECTION: APPROVING- WITH TIMER FOR CONSENT LIGHTS ON FLAGPOLE 21. WAIVER PETITION: Planning Commission, re: Petition 2008-04-02-12 submitted by Mayfield Partners, L.L.C. requesting approval to construct and operate a child care facility on property located on the north side of Seven Mile Road, between Mayfield Avenue and Shadyside Avenue (32520 Seven Mile Road), in the Southwest '/4 of Section 3. Mark Taormina, City Planner, stated this is a second request by the petitioner for waiver use approval. A similar request was submitted in 2007. It was recommended for approval by the Planning Commission, but was denied by City Council. 10 The request is for the construction of a child care center (Children of America Education Child Care Centers) which would be located on the north side of Seven Mile Road between Mayfield and Farmington Road. It is an irregular shaped parcel that is about 1-1/2 acres in size with 170 feet of frontage along Seven Mile Road. The property is zoned C-1 (Local Business). The waiver use provided for 10,000 square feet in area, and the site is 67,000 square feet in size and abuts a street with a width of more than 86 feet which is a secondary requirement of the ordinance. It provides for an outdoor play area of 5,000 square feet meeting the ordinance minimum standards. There would be a six (6) foot high fence around the play area. It would be a one-story building that would have a gross floor area of 10,000 square feet and comply with the setback requirements of approximately 97 feet from Seven Mile Road right-of-way and 25 feet from Mayfield Avenue to the east. Parking currently is for a total of thirty six (36) vehicles. Parking for twenty eight (28) cars would be located in the front of the building between the building and Seven Mile Road, and an additional eight (8) parking spaces would be located in the rear. Previously, there were only twenty eight (28) parking spaces. Another change to the plan is the number of children that would be cared for. Originally they proposed 157 and modified that number to 177. Now they are petitioning for a maximum of 150 children. All other aspects of the petition are identical to what was submitted in 2007 as it relates how the storm water retention is handled. The only other minor change would be with respect to the access provided to the site. There would be a change to the approach providing access off of Mayfield Avenue per the Wayne County Road Commission after reviewing the stacking and turning vehicle concerns into the site. There would not be any direct access to Seven Mile Road, but instead they would have access off Mayfield to the east as well as the adjacent shopping center to the west. There is a cross-access parking agreement with Loveland Plaza that has been submitted. Steve Pyrkosz, Project Architect for Schonsheck, Inc., 28025 Long Street, was present along with Kevin Schonsheck representing Mayfield Partners, L.L.C. Steve stated that they appeared in front of the Planning Commission and the City Council six months ago and were denied at that time. He gave a quick history of how the project evolved and wanted to satisfy all the concerns on the waiver, public safety, the access, parking and all the other issues that were raised. Back in October, 2007, they asked the Planning Commission to approve 157 students and 20 parking spaces. They made a recommendation for approval. Then Children of America asked them to increase the student count to 177 which increased the teacher count which increased the required parking count. They came before Council with a request for 177 students with 28 parking spaces. They had comments from Wayne County, and they addressed the concerns through the boulevard entrance. They worked on a cross-access easement with the neighboring properties and a parking agreement as well. They understand that they had asked for more than what was recommended by the Planning Commission. They decided to reset the goals for the project. 11 They spoke with Children of America, and they were willing to limit the student count to 150 that will reduce the teacher count to nineteen (19). They are now proposing thirty six (36) total parking spaces. They had a gap study performed by Parsons Transportation that showed peak times. During the peak hours during the day, you could expect a maximum of fifty five (55) trips. An average trip is ten (10) minutes with the required ten (10) loading zones. The current proposal is for seventeen (17) loading zones. They increased their parking from twenty (20) spaces (with 8 of those being loading zones) to thirty six (36) parking spaces with seventeen (17) loading zones. The teacher count is now nineteen (19) with a restricted count of 150 students. They feel that satisfies the concerns, and they received unanimous approval from the Planning Commission last month, and they were present to answer any questions and hope they have the same outcome as the Planning Commission's recommendation. Laura stated he cannot support the child care facility, and that the plans have not changed very much. He stated he thought it would be a disaster early in the morning and late in the evening. He feels there would be a lot of difficult traffic and numerous cars, and there would be a safety issue for the children of the large apartment complex behind the vacant lot that are waiting at the bus stop on the northeast corner. McCann stated that Mr. Schonsheck had called him and asked him to revisit the issue. He is still having the same issues that he had before. He does like the fact that they have expanded the drive on Mayfield and helps a little bit with the flow. People would be pulling into the commercial parking lot to the west to drop off their kids, and he feels that would be a problem too. He feels the facility does not lend itself for traffic coming in at peak times and exiting. They received a letter on new information from Pam Tanner that does have numerous concerns, some of which are substantial. The facility would have numerous activities where they invite all the parents and children for fall festivals, annual holiday parties, open houses, and monthly "breakfast on the run" activities. McCann just has a problem with the traffic flow on the site and being attached to Mayfield and emptying out into a commercial center. Laura offered the denying resolution on the Regular Agenda. DIRECTION: DENYING REGULAR 22. VACATING PETITION: Planning Commission, re: Petition 2008-04-03-01 submitted by the City Planning Commission pursuant to Council Resolution 216- 07 and Section 12.08.015(A) of the Livonia Code of Ordinances as amended, to determine whether or not to vacate the east/west alley adjacent to Lots 28 through 40, Lot 201 and Lot 290 and the adjacent vacated north/south alley in Schanhite's Marquette Manor Subdivision, located north of and parallel to Plymouth Road, between Cavell and Arcola, in the Southeast '/4 of Section 25. 12 Mark Taormina, City Planner, stated this proposal comes from Petition 2007-02- 02-04 submitted by Plymouth Food Store requesting approval for an SDD liquor license at its business located at 27600 Plymouth Road. City Council adopted Council Resolution 216-07 on May 9, 2007 referring the subject of the possible vacating of the alley that was adjacent to this property to the Planning Commission for action. The proposed alley to be vacated is 20 feet wide and runs east and west between Cavell Avenue to the west and Arcola Avenue to the east. The alley extends through the entire block for a distance of 270 feet. The easterly 65 feet is a paved portion of the alleyway while the westerly 205 feet is still a gravel surface. Because the alleyway was dedicated as part of the Schanhite's subdivision, the reversionary rights to the right-of-way, if vacated, would accrue to the owners of the adjacent properties to the north and the south in that subdivision. The right-of-way would be split lengthwise along the center line and portions of the vacated area attached to the adjacent properties. Portions of the south '/2 of the alley right-of-way are adjacent to Lots 28 through 31 and would attach to the Plymouth Food Store site at the northeast corner of Plymouth Road and Middlebelt, and the south '/2 of the right-of-way that is adjacent to Lots 32 through 37 would attach to the Eternal Tattoo site which is located mid block just east of the Plymouth Food Store. The portions of the south '/2 of the right-of-way adjacent to Lots 38 through 40, as well as the northerly portion, would attach to what was formerly the Kentucky Fried Chicken site resulting in one contiguous parcel. There is one (1) residential parcel to the north which is just east of Cavell Avenue. The Planning Commission reviewed this petition and is now recommending approval, and the Engineering Division has no objections to the proposed vacating. Since there are overhead utilities and sanitary sewers in the alleyway, their letter recommends that a full width easement be retained for maintenance purposes. Mr. Yono, owner of Plymouth Food Stores, and the owner of Eternal Tattoos had stated they would be interested in installing fences. Both businesses do not want to see continuing access in the alleyway. Mary Kaneris, 11610 Cavell, said she is the only homeowner near the three (3) businesses. She has 500 feet x 10 feet of gravel, two (2) telephone poles, and a sewer. She voiced her concerns. She feels the alley is a danger, and cars drive fast and kick up a lot of dust and gravel. Sean Kavanagh stated that you cannot force anyone to erect a fence. He stated there is a possibility there could be a condition of the approval vacating the alley to have a fence or some sort of barrier, and property would not be transferred until there is an agreement on the barrier. McCann offered the resolution referring to the Committee of the Whole for its report and recommendation on the subject of what the property owners plan to do with the property for the Consent Agenda. DIRECTION: REFERRING TO CONSENT THE COMMITTEE OF THE WHOLE 13 X1. REQUEST TO AUTHORIZE AN INCREASE IN COURT COSTS ASSESSED FOR VARIOUS CIVIL INFRACTIONS AND MISDEMEANORS: Department of Law, re: as requested by the Honorable Judges Kathleen McCann and Robert Brzezinski for the Court Building/Renovation Fund and for the Sobriety Court. Sean Kavanagh, City Attorney, stated that a lot of times the City Council is asked to approve certain fees that the court adds to tickets in misdemeanor cases, some of which would be used to increase the revenues for the Court Building funds and other fees that would be placed in the Sobriety Court fund. Currently $9.00 on just about every case in the District Court is being deposited in the Court Building/Renovation Fund. Currently, the court does have the Sobriety Court set up and grants are being used to fund it. The Judges are requesting the costs to be increased to a total of $19.00 toward the Court Building/Renovation Fund for each civil infraction and misdemeanor and an additional $40.00 to be added on all substance abuse offenses whether it is a first or second offense. One more fee would be raised $10.00 on the impeding or obstructing cases on traffic charges which does not result in points on a person's driving record. Judge Kathleen McCann was present with the Court Administrator, Dennis Epler, and Natalie Stojevska, the Deputy Court Administrator. They worked on this extensively so they could try to come to a method of obtaining the funds necessary to appropriately fund the new Court House. They have not raised their fines in the state in over three (3) years. In 2003, the City gave them the means of having a building fund so they could build a new Court House. They had $9.00 at that time for misdemeanor or civil infraction, and they raised almost $1,500,000 plus interest during that period of time. Last year, they raised $338,000. They believe that by adding the additional fines through this schedule, they will be able to more than make up the difference so they can easily pay any expenses for the new Court House and retire the debt early. It is the way they can do this without putting any burden on local citizens. People that are using the Court House will be the ones that are paying the burden of it. They have been working about eight (8) or nine (9) years on this project. At first, they thought they would be able to renovate the old Court House, but they went through a long series of events trying to accomplish that. Architects looked at plans. Costs to renovate the initial Court House was at that time approximately $7,000,000. They determined at that point to build a Court House that would last 40 to 50 years. It was brought to the City and the Mayor, and they agreed. The architects have been diligently working on the plans, and costs and plans should be brought before Council within the month. Dennis Epler, Court Administrator, stated that they wish to increase fines and costs through this resolution for misdemeanors and civil infractions that are assessed by the court. They would like to increase the costs by $10.00 towards the building fund. He reviewed similar courts as Westland, Plymouth, Farmington, and Redford comparing their rates, and Livonia is behind on every category of tickets as far as 14 funds that are collected; therefore, they feel they are justified increasing the fees. Based on the estimated case load of 37,633 cases, it should generate $376,000.00 on top of the $338,000.00 already generated. People do not have a problem paying the fines and costs if it does not show up on the record as points. They would like to increase impeding traffic fines from $140.00 to $160.00 which is in line with most courts. His experience is that courts up north have impeding traffic fines as high as $240. He does not feel that a $20.00 increase is too much. $10.00 would go to the building fund and $10.00 to the general fund. That will generate additional funds also. As far as the Sobriety Court goes, they are going to add $40.00 to each substance abuse violation. Novi was assessing $125.00 and bringing in $135,000.00 a year for their Sobriety Court. He believes $30.00 is in line to assess each substance abuse offense. Natalie Stojevska, Deputy Court Administrator and Director of Probation, gave a little history of the Sobriety Court. The court currently does supervise over 1,400 cases of various charges, whereby three (3) full-time officers supervise defendants where they report to them one-on-one on a weekly or monthly basis to assure they comply with their terms of probation. They created a drug court last year and several court people went to training to learn about drug court. This is basically to supervise the heavily addicted on a weekly basis. They are tested for drugs and alcohol daily, they are placed on probation anywhere from 18 months to two (2) years, and they have counseling and support group meetings. They report to a judge on a monthly basis for review hearings where the drug court reviews their progress. They received a grant last year which is subject for renewal every year. The award did not cover cost of a full-time probation officer. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. McCann congratulated his son Tyler on his graduation from Stevenson High School, and he will be going to Western Michigan University in the Fall. Knapp wished his mother a Happy Birthday last Saturday and gave condolences to Betty Echols on the loss of her husband Joe who was a member of the Aging Commission and passed away last week. McCann offered condolences to Godfroid-Marecki on the loss of her mother-in-law last week. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:55 p.m. on Monday, June 2, 2008. DATED: June 5, 2008 LINDA GRIMSBY, CITY CLERK